When can a birth injury claim be filed?

In Delaware, a birth injury claim can be filed after a newborn has been injured during childbirth. Such claims can be made to seek compensation for medical costs, legal fees, and emotional distress associated with the injury. Generally speaking, potential claimants have two years from the date of the birth injury to file a claim. However, the statute of limitations may be tolled or extended in certain cases, especially for those not of legal age to bring forth the claim. Additionally, the claim may be filed before the two-year time limit if the child is not expected to live beyond the limitation and it is in the best interest of the child and family. In order for a birth injury claim to be valid, it must be proven that the injury was caused by medical negligence. This means that the medical team must have acted below the accepted standard of care. The legal standard of care is determined based on the skills and competence of those in the same medical specialty who are treating similar patients in the same geographic area. It is important to remember that filing a birth injury claim is a complex process. Therefore, it is important to consult with a Delaware birth injury attorney who can provide guidance and representation throughout the procedure.

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